- 95 - Mr. Medlin’s Tucker bank account No. 1089234 dated April 8, 1987, shows the deposit of a check for $90,000 from “Orl. Land & Investment”, “LESS CASHIERS CHECK in the amount of $22,260.00”; this resulted in a net deposit of $67,740 to account No. 1089234. On April 6, 1987, petitioner executed a promissory note for the benefit of Don Henry and Sylvia Cohn, which provided: 90,000.00 4/6/1987 Ninty (90) days after date, the undersigned, for value received jointly and severally promise to pay to the order of Don Henry and/[illegible entry] Sylvia Cohn at Orlando Fla. Ninty Thousand ($90,000) + Twenty Thousand ($20,000) dollars with interest from date at the rate of ----% per annum until fully paid. Interest payable ----. This note shall bear interest from maturity at the rate of ----% per annum until fully paid. The promissory note is signed by petitioner. Don Henry was the president of Orlando Land & Investment Co. Respondent determined that the deposit of $67,740 was taxable as income to petitioner for 1987. OPINION Petitioner contends that the deposit of $67,740 on April 9, 1987, represents a portion of the loan proceeds received from Don Henry of the Orlando Land & Investment Co. Respondent agrees that “The source for the deposit was a check for $90,000 from Orlando Land & Investment”. Accordingly, the April 9, 1987, deposit is not unidentified as respondent originally determined. Nevertheless, respondent argues that thisPage: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Next
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